School Food Service Rules Part 305

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School Food Service Rules Part 305

• Mark Haller / Shawn Rotherham / Roxanne Ramage
• Nutrition Programs Division
• Illinois State Board of Education
• December 2006

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Overview

• Part 305 was amended
• Commonly referred to in the press as the Junk
  Food Rules
• Rules became effective October 17, 2006
• Guidance Materials available online at
  http//www.isbe.net/nutrition/htmls/rules.htm

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Section 305.10Illinois Free Lunch and Breakfast
Programs

• Every public school shall provide free lunches
  (free breakfasts, if offered) to students
  eligible to receive free meals
• Students eligible for free meals are defined as
  those eligible to receive such meals through the
  federal Child Nutrition Programs
• Public and non-publics may claim state
  reimbursement for meals provided to students
  eligible for free meals

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Section 305.20Student Workers

• All public schools and any non-public school
  participating in the National School Lunch
  Program shall obtain written consent from student
  workers parent or guardian
• A student shall not be required to work for his
  or her meals
• Meal served to a student worker must be claimed
  in the category for which the student is eligible

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Section 305.30Government-Donated Commodities

• Processing agreements must be approved by ISBE
  unless listed on Illinois Commodity System
• Storage facilities must meet the requirements in
  the federal regulations
• Complaints concerning government donated
  commodities regarding food safety or other
  food-quality issues shall be reported to ISBE.
  Form available at http//www.isbe.net/nutrition/wo
  rd/complaint_form.doc

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Section 305.15Sale of Foods and Beverages in
Participating Schools

• All foods and beverages sold in participating
  schools to students in grades 8 and below must
  meet the food and beverage requirements
• A participating school is any public or
  non-public school that participates in the
  National School Lunch Program (NSLP) or School
  Breakfast Program (SBP)

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\ Section 305.15 Sale of Foods and
Beverages in Participating Schools

• Does NOT impact the following
• Schools that do not participate in the NSLP or
  SBP
• Participating schools with only grades 9 -12
• Reimbursable meals served through NSLP/SBP
• Foods or beverages sold to a student who presents
  a written physician statement
• Foods sold in the food service area during the
  meal period
• Foods and beverages sold after the school day
• Food and beverages that are not sold (incentives,
  rewards)

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What are the beverage requirements?

• Beverages sold to students in grades 8 or below
  before or during the regular school day including
  the meal period shall include only
• MILK - flavored or plain whole, reduced-fat (2
  percent), low-fat (1 percent), or nonfat fluid
  that meets State and local standards for
  pasteurized fluid milk
• ALTERNATIVE DAIRY BEVERAGES - reduced-fat and
  enriched (i.e., rice, nut, or soy milk), or any
  other alternative dairy beverage approved by the
  USDA
• FRUIT/VEGETABLE DRINKS - containing 50 percent or
  more fruit or vegetable juice
• WATER - non-flavored, non-sweetened, and
  non-carbonated
• FRUIT SMOOTHIE - yogurt or ice-based, contains
  less than 400 calories and no added sugars, and
  is made from fresh or frozen fruit or fruit
  drinks that contain at least 50 percent fruit
  juice and
• EXEMPTED BEVERAGES - Any beverage exempted from
  the USDAs list of FMNV (see Appendix C).

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What are the food requirements within the
food service area during meal periods?

• Reimbursable meals exempt from food and
  beverage requirements (regulated by USDAs meal
  pattern requirements and specific nutrient
  standards when averaged over a school week).
• Participating schools in which classes of grades
  5 and below are operating shall prohibit the sale
  to students of all confections, candy and potato
  chips during meal periods.
• All revenue from the sale of any food or beverage
  sold in the food service area during meal periods
  shall accrue to the nonprofit school lunch
  program account.
• No Foods of Minimal Nutritional Value (FMNV).

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Foods of Minimal Nutritional Value (FMNV)

• Per federal regulations, foods of minimal
  nutritional value (FMNV) cannot be sold to
  students during meal periods in the food service
  areas.
• FMNV include soda water, water ices, chewing gum
  and certain candies (hard candy, jellies and
  gums, marshmallow candies, fondant, licorice,
  spun candy, and candy coated popcorn).
• List of food and beverages exempted by USDA from
  FMNV is available as Appendix C of the Guidance
  Document.

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What are the food requirements outside food
service area or within food service area other
than during meal periods?

• Foods sold to students in grades 8 or below
  outside of food service areas or within food
  service areas other than during meal periods by
  participating schools shall include only
• Nuts, seeds, nut butters, eggs, cheese packaged
  for individual sale, fruits or non-fried
  vegetables, or low-fat yogurt products or
• Any food item that meets all of the following
  criteria
• Total calories from fat do not exceed 35 percent
• Total calories from saturated fat do not exceed
  10 percent
• Total amount of sugar by weight does not exceed
  35 percent and
• Calories do not exceed 200
• Participating schools in which classes of grades
  5 and below are operating shall prohibit the sale
  to students of all confections, candy and potato
  chips during meal periods.

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Tools to determine if products meet the Illinois
food requirements

• See Appendix D of Guidance Document for a sample
  worksheet
• An online calculator, available at
  http//www.isbe.net/calculator/calculator.html,
  may be used instead of the worksheet

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Exemption Request

• A participating school may request an exemption
  for the 2006-2007 school year from the food and
  beverage requirements if the school district has
  an existing contract or grade structure that will
  not allow for implementation.
• Form in Appendix E or online at
  http//www.isbe.net/nutrition/pdf/69-10_exemption.
  pdf

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Additional 305.15

• During January 2007, ISBE will initiate a
  revision to the food and beverage requirements
  that responds to the School Wellness Policy Task
  Forces recommended nutrition standards.

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Any Questions?

• Please contact the Nutrition Programs Division of
  the Illinois State Board of Education
• Telephone [phone] in Illinois
  only [phone]
• Fax [phone]
• Electronic Mail cnp_at_isbe.net